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Home My WebLink About1986-377 l 1 RESOLUTION NO. 86-377 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING TWO SIDE LETTER AGREEMENTS BETWEEN THE CITY AND THE AMERICAN FEDERATION OF 3 STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 122 AFL-CIO (GENERAL PERMANENT AND POLICE DEPARTMENT GENERAL EMPLOYEES) CONCERNING 4 STANDBY, CALLBACK AND COURT SUBPOENA TIME PAY. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. Two side letter agreements between the City of 8 San Bernardino and the American Federation of State, County and 9 Municipal Employees Local 122 AFL-CIO for the General Permanent 10 and Police Department General Employees, executed on August 26, 11 1986, relating to standby and callback pay and Police employee 12 court subpoena time pay, copies of which are attached hereto as 13 Exhibits "A" and "B", respectively, and incorporated herein by 14 reference, are hereby approved. 15 SECTION 2. The executions of the two said side letter 16 agreements by the Director of Personnel for;,~nd on behalf of the 17 City of San Bernardino are hereby ratified. 18 I HEREBY CERTIFY that the foregoing resolution was duly 19 adopted by the Mayor and Common Council of the City of San 20 Bernardino at an adiourned reoular meeting thereof, 21 held on tbe September , 1986, by the day of 22nd 22 following vote, to wit: 23 24 25 26 27 28 Council Members AYES: Estrada, Reilly, Hprn~n~p7. Marks. Ouiel. Frazier Srrir.klpr NAYS: None ABSENT: None ~h &~#~f 0 ~::~~.,':~. '~~' . v; .-".,,1> '.,t.;':-,", ,. ,/"--;/-l~/ , //' City 'c er 1 -:7//t!:A_/ c>',T' The foregoing resolution is hereby approved this 2 day of September /"/, 1 9 8 6 . r / /~~ /} I /;r/) , ~7 A.-C~f~J (I / ~,~~ Mayor of t City dt San Bernar ino 3 4 5 6 Approved as to form: ~~~rJ ~.. City ~ttorney 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BERNARDINO 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418-0138 (714) 383-5061 PERSONNEL DEPARTMENT MARY JANE PERLlCK DIRECTOR OF PERSONNEL/ CIVIL SERVICE BOARD CHIEF EXAMINER August 18, 1986 Mr. Adam Webb, Parks, Recreation and Community Services Dept. Ruben Juarez, Engineering Division This letter will summarize the agreement we reached relative to compensation for General Unit employees who are placed on "stand by" or who receive "Call back" assignments, in line with the Fair Labor Standards Act (FLSA). GENERAL UNIT INCONVENIENCE PAY FOR STANDBY WORK: If a Department Head places an defined as the employee being in immediate availability to come to normal work hours, AFSCME . Local 122 San Bernardino (City) hereby agree compensation in full for the hours when in such .stand by" status: employee on "stand by", a state of readiness and work, outside of their (Union) and the City of that the following is of work of the employee For the employee's 5 work days during their work week (or pro rate at 1.0) 5 work hours For the employee's 2 non-work days during their work week (or 'pro rate at 2.5) 5 work hours OR For all seven days during a work week 10 work hours AND (continued) iEXH\BH ~ Mr. Adam Webb, Parks, Recreation August 18, 1986 Page 2 For any holiday, as described in General Unit MOU, during which the employee stands by for all or any portion of the 24-hour day. 1 extra work hour per holiday added to the above The hours as above are, and will be paid, as time worked and at the FLSA overtime rate (time and one-half). This amount will be paid in addition to compensation for actual time worked when the employee is called to work from standby status. The time worked (if any) shall also be paid at the FLSA overtime rate (time and one-half). GENERAL UNIT CALL BACK PAY: Note: An employee cannot be in .stand by. status and "call back" status at the same time. Employees not formally assigned "stand by" status may still be called back to work, as provided in Article 11 of General Unit Employee Memorandum of Understanding 1985-87. If reached by their supervisor and called back to work, the employee will be paid for actual hours of work at the FLSA overtime rate (time and one-half) unless the employee has worked less than 40 hours in the work week due to use of sick time (paid or unpaid). In such case, the employee will be paid straight time. Department Heads may, however, pay at the FLSA overtime rate (time and one-half) regardless of sick time taken in unusual circumstances/at their discretion. OTHER: Whereever the above language conflicts with Articles 11 or 9 of the 1985-87 General Unit MOU, the above language will take precedence, save that the Article 11 list process remains in effect. The first and second paragraphs of Article 11 are hereby stricken and are of no further force and effect. The Union and the City agree that the above wording and intent becomes null and void should the FLSA subsequently be found not to be applicable to the City. In such case, the wording of Article 13 of the 1983-85 General employee MOU (continued) Mr. Adam Webb, Parks, Recreation August 18, 1986 Page 3 shall be controlling as to issues of .stand by" or "call back" pay. It is hereby agreed by and between the parties hereto that the General Unit employees covered by this agreement are not so severely restricted in their activities while in standby status as to bring them within the provisions of Fair Labor Standards Act Regulations 29 CFR 785.17. FOR THE CITY __/-p~ U;~26jfft (date) CI BERNARDINO 300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 92418-0138 (714) 383-5061 PERSONNEL DEPARTMENT MARY JANE PERLlCK DIRECTOR OF PERSONNEL! CIVIL SERVICE BOARD CHIEF EXAMINER August 18, 1986 Adam Webb, Parks, Recreation and Community Services Dept. Ruben Juarez, Engineering Division This letter will summarize the agreement reached on 5-21-86 relative to Police Department General Unit employees, the particular requirements of court subpoena, and the Fair Labor Standards Act (FLSA). POLICE EMPLOYEE COURT SUBPOENA TIME: If a police department General Unit employee receives a work related court subpoena for which they are placed on standby, he/she will receive 2 hours of pay for all or any portion of a 24-hour day on which the employee is required to be in such standby status. A. F. S. C. M. E. Local 122 (the Union) and the City of San Bernardino (City) agree that 2 hours of compensation is compensation in full for the hours of work of said employee during standby. The 2 hours compensation is, and will be paid as, time worked and at the appropriate straight time or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any time actually worked pursuant to such subpoena. This wording will determine payment for time worked while on subpoena standby and resolves the related issues raised by the ID Technician grievance heard at the Personnel Director level on 5-21-86. The Union and the City agree that the above wording and intent becomes null and void should the FLSA subsequently be found not to be applicable to the City. In such case the standby provision of Article 13 of the Memorandum of Under- standing for permanent general employees for 1983-85 shall be controlling. (continued) ~tRESS EXHiBiT ") b Adam Webb, Parks, Recreation August 18, 1986 Page 2 The 2 hours of pay related to subpoenas as above shall be effective retroactive to April 14, 1986, which is the date the City came into compliance with the Fair Labor Standards Act. It is hereby agreed by and between the parties hereto that the general unit employees covered by this agreement, are not so severely restricted by their activities while on standby status as to bring them within the provisions of the Fair Labor Standards Act regulations 29 CFR 785.17.